The purpose of this rule is to identify the pink bollworm as a pest of cotton, update and clarify the areas that are regulated for cotton pests, prohibit the planting of kenaf in specified areas, and to amend the procedures pertaining to the ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Plant Industry

RULE NOS.:RULE TITLES:

5B-52.001Definitions

5B-52.002Purpose

5B-52.003Declaration of Boll Weevil as a Plant Pest

5B-52.006Eradication Zone or Regulated Area

5B-52.007Planting Cotton in the Eradication Zone and Required Participation

5B-52.0075              Planting Kenaf in the Regulated Area and Required Participation

5B-52.008Treatment of Cotton in the Eradication Zone

5B-52.009Submission of Reporting Forms, Assessments and Penalties for Late Payment, and Cotton Destruction

5B-52.010Cotton Stalk Destruction

5B-52.011Movement of Regulated Articles

5B-52.012Issuance of Boll Weevil Certificates and Compliance Agreements, Cancellations, and Attachments

PURPOSE AND EFFECT: The purpose of this rule is to identify the pink bollworm as a pest of cotton, update and clarify the areas that are regulated for cotton pests, prohibit the planting of kenaf in specified areas, and to amend the procedures pertaining to the submission of reporting forms and invoice assessments and penalties.

SUMMARY: Guidelines for the establishment and identification of a regulated area; establish per-acre annual assessments to offset program costs and to provide procedures of such assessments. Specify conditions under which regulated articles may be certified as free of boll weevil when moved from a regulated area to a non-regulated area and provide penalties for violations for this rule.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 570.07(23), 581.031(6), (7), 593.103(1), (2), FS.

LAW IMPLEMENTED: 581.031(7), (26), 593.102, 593.103(1), (2), (4), (5), (6), (7), (9), (10), (13), 593.105, 593.106(1), 593.108, 593.109(1), 593.116(2), FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Dr. Greg Hodges, Assistant Director, P.O. Box 147100, Gainesville, FL, [phone], [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5B-52.001 Definitions and Purpose.

(1) For the purpose of this rule chapter, the following definitions shall apply:

(1) through (2) renumbered (a) through (b) No change.

(c)(3) Boll weevil. The insect known as boll weevil, Anthonomus grandis (Bohman), is a plant pest of cotton, classified in the order Coleoptera, family Curculionidae, and all of its life stages.

(d)(4) Boll weevil certificate. An official document issued or approved by the Ddepartment stipulating compliance with the requirements of this rule.

(5) renumbered (e) No change

(6) Compliance agreement. A written agreement between the department and a person engaged in the business of growing, handling or moving regulated articles, wherein the person agrees to comply with the provisions of this rule for the purpose of obtaining a boll weevil certificate.

(7) renumbered (f) No change.

(g)(8) Department. The Florida Department of Agriculture and Consumer Services.

(9) through (10) renumbered (h) through (i) No change.

(j)(11) Exposed. Subjected to Plant pests of cotton boll weevil infestation because of location to or contact with Plant pests of cotton boll weevil.

(k)(12) Foundation. A nonprofit organization comprised of Florida cotton growers known as the Boll Weevil Eradication Foundation of Florida, Inc. (BWEFF) which was established to provide guidance and assist in policy decisions during an the eradication program.

(l)(13) Infested. Actually harboring Plant pests of cotton boll weevil.

(14) International movement. Movement into Florida from any country or area outside the United States.

(15) through (16) renumbered (m) through (n) No charge.

(o) Kenaf. The plant known as African Hibiscus, Hibiscus cannabinus and including any parts thereof.

(17) through (18) renumbered as (p) through  (q) No change.

(r) Pink Bollworm. The insect known as pink bollworm, Pectinophora gossypiella (Saunders), is a Plant pest of cotton, classified in the order Lepidoptera, family Gelechiidae, and all of its life stages.

(s) Plant pest of cotton. Any living stage of any insects, mites, nematodes, slugs, snails, protozoa, or other invertebrate animals, bacteria, fungi, other parasitic plants or their reproductive parts, or viruses, or any organisms similar to or allied with any of the foregoing, including any genetically engineered organisms, or any infectious substances which can directly or indirectly injure or cause disease or damage in any plants or plant parts or any processed, manufactured, or other plant products.

(t)(19) Regulated area. Florida or any portion thereof including any county, precinct, city, and other minor civil division designated by order of the Ddepartment as an area regulated due to the presence of Plant pests of cotton boll weevil.

(u)(20) Regulated articles. Any article including but not limited to cotton plants, Kenaf plants, seed cotton, gin trash, and equipment capable of transporting or harboring Plant pests of cotton boll weevil or the insect itself.

(21) renumbered (v) No change.

(w)(22) Southeastern Boll Weevil Eradication Foundation, Inc. A nonprofit organization comprised of cotton growers and state plant regulatory officials representing all cotton-growing states in the Southeastern United States. The Southeastern Boll Weevil Eradication Foundation, Inc. was established to provide guidance to the state foundations and conduct the eradication of the Bboll weevil throughout the cotton-growing areas of the Southeastern United States.

(x)(23) Ssuppressive area. An area where an attempt is being made to contain and control Plant pests of cotton. the population of boll weevil.

(2) The purpose of this rule is to establish procedures for the production of Regulated articles within the State of Florida, to establish per-acre annual assessments for the offsetting of program costs, to provide procedures for the collection of such assessments, to specify conditions under which Regulated articles may be produced, and to provide penalties for violations of this rule.

Rulemaking Authority 570.07(23), 581.031(4), (5), (6), (7), (8), 593.103(1), (2) FS. Law Implemented 593.102, 593.103(1), (2) FS. History–New 12-21-87, Amended 6-20-00,                            .

 

5B-52.002 Purpose.

Rulemaking Authority 570.07(23) FS., Section 3(2), Chapter 87-55, Laws of Florida. Law Implemented Chapter 87-55, Laws of Florida. History–New 12-21-87, Repealed.

 

5B-52.003 Declaration of Boll Weevil as a Plant Pest.

Rulemaking Authority 570.07(23), 593.103(2) FS. Law Implemented 593.103(2), (5) FS. History–New 12-21-87, Amended 7-5-95, Repealed.

 

5B-52.006 Eradication Zone or Regulated Area.

Rulemaking Authority 570.07(23) FS. Law Implemented 593.103(2), (5), (9) FS. History–New 12-21-87, Amended 7-5-95,Repealed.

 

5B-52.007 Planting Cotton in the Regulated Area Eradication Zone and Required Participation.

(1) Commercial cotton. All Ccommercial cotton growers shall be required to participate in the Boll Weevil Eradication Program. Participation shall include the timely reporting of acreage and field locations, compliance with regulations, and payment of fees as prescribed in this rule. In order to prevent the spread of the Pink Bollworm (Pectinophora gossypiella (Saunders)) from south Florida northward to the state’s Commercial cotton-producing areas, the planting of Commercial cotton is prohibited in Pinellas, Hillsborough, Hardee, Highlands, Okeechobee, and St. Lucie and all counties south thereof. This area is hereby desiganted as the Regulated area.

(2) Noncommercial cotton. Noncommercial cotton shall not be produced in the Regulated area eradication zone without a permit except by written authorization issued by the Ddivision Ddirector for research purposes. Persons seeking a permit to produce Noncommercial cotton in the Regulated area must submit a request letter to the Divison that consists of the location and size of the production area and the purpose for producing the Cotton.

(3) Commercial cotton that does not meet the requirements for Cotton planted in a Regulated area and that the Department has reason to believe jeopardizes the success of the program shall be destroyed by the Department. Commercial cotton not meeting the requirements for boll weevil eradication. Commercial cotton planted in areas where boll weevil eradication treatments cannot be effectively or legally applied due to factors concerning the public welfare shall be destroyed by the department if determined by the department that it jeopardizes the success of the program.

(4) Notice of destruction. The Department may issue an order directing any cotton grower to destroy any Cotton that is not grown in compliance with ss. 593.101-593.117, F.S. or this rule. The department may by oral order require the destruction of cotton not meeting the provisions of this rule without compensation. Such oral order shall become final 10 days after an Immediate Final Order is issued in writing by the department and delivered to the owner or representative of publicly- or privately-owned property.

Rulemaking Authority 570.07(23), 561.031(6),(7), 581.031(4), (5), (6), (7), (8), 593.103(2) FS. Law Implemented 593.103(9), 593.106(1), 593.109(1) FS. History–New 12-21-87, Amended 6-20-00,                            .

 

5B-52.0075 Planting Kenaf in the Regulated Area and Required Participation

(1) Commercial Kenaf.  In order to prevent the spread of the Pink bollworm (Pectinophora gossypiella (Saunders)) from south Florida northward to the state’s Commercial cotton-producing areas, the planting of commercial Kenaf is prohibited in Pinellas, Hillsborough, Hardee, Highlands, Okeechobee, and St. Lucie and all counties south thereof.  This area is hereby desiganted as the Regulated area.

(2) Noncommercial Kenaf.  Noncommercial Kenaf shall not be produced in the Regulated area without a permit issued by the Division Director.  Persons seeking a permit to produce Noncommercial Kenaf in the Regulated area must submit a request letter to the Divison that consists of the location and size of the production are, and the purpose for producing the Kenaf.

(3) Notice of destruction.  The Department may issue an order requiring the owner to destroy any Commercial or Noncommercial Kenaf that is not grown in compliance with ch. 581, F.S., ss. 593.101-593.117,  F.S., or this rule.

Rulemaking Authority 570.07(23), 581.031(4), (5), (6), (7), (8), 593.103(2) FS. Law Implemented 593.103(9), 593.106(1), 593.109(1) FS. New              .

 

5B-52.008 Treatment of Cotton in the Boll Weevil Regulated Area Eradication Zone.

In the event of a boll weevil eradication program, The treatment of Ccotton in the Regulated area eradication zone shall be the responsibility of the Southeastern Boll Weevil Eradication Foundation, Inc., and shall be accomplished under their authority and direction.

Rulemaking Authority 570.07(23), 593.103(2) FS. Law Implemented 593.103(6), 593.108 FS. History–New 12-21-87, Amended 6-20-00,.

 

5B-52.009 Submission of Reporting Forms, Assessments and Penalties for Late Payment, and Cotton Destruction.

(1) Each Ccommercial cotton grower shall submit a completed Report of Acreage Form (FSA-578), Cotton Acreage Reporting Form (DACS-08193, Revised 10/99) and incorporated herein by reference and available online at https://www.flrules.org/gateway/reference.asp?No=Ref-XXXXX, to the Ffederal Farm Service Agency (FSA) office servicing the county where the Ccotton is grown. A copy of the Cotton Acreage Reporting Form may be obtained from the Division of Plant Industry, Bureau of Plant and Apiary Inspection, Post Office Box 147100, Gainesville, Florida 32614-7100. The Cotton Acreage Reporting Form This form provides the acreage planted by the Commercial cotton grower and shall be submitted each year the program remains in effect. ASCS will certify to the department the acreage and location of cotton for each commercial cotton grower. Form PI-163, Boll Weevil Eradication Program Intended Cotton Acreage Reporting Form, Revised 4/94, is incorporated into this rule by reference and is supplied by the department to ASCS. Copies of PI-163 may be obtained from the Division of Plant Industry, P.O. Box 147100, Gainesville, Florida 32614-7100, or the ASCS.

(2) The per acre annual assessment for each acre is $5.00 for 1987, $17.50 for 1988, $25 for 1989, $27 for 1990, $14 for 1991, $18 for 1992, $10 for 1993, and $6.50 for 1994. Thereafter, as long as a program is necessary, containment costs shall not exceed $10 per acre. The cotton growers’ share of the per acre annual this assessment cost may vary depending on the availability of state funding. Commercial cotton growers’ share of the total assessment cost shall be due by November 30 June 15 each year the program is in effect. Assessments will be invoiced by the Southeastern Boll Weevil Eradication Foundation and payments must be paid to the Florida Department of Agriculture and Consumer Services (FDACS) no later than December 31 and accompanied by the appropriate per acre assessment cost. Assessments that were unpaid as of September 1 of 1987-1993 are subject to a penalty fee of $4 per acre. Commencing with 1994 and thereafter, Ppayments not received by December 31 July 15 shall be subject to a per acre a penalty fee of 20 percent of the unpaid assessment. Penalty fees shall not to exceed $25 per acre. Assessment payments and penalty fees shall be paid at the local Farm Service Agency office.

(3) All assessments and penalty fees collected by the federal Farm Service Agency shall be remitted to the department and accompanied by a completed Letter of Transmittal Form (DACS-08239, revised 10/99) and incorporated herein by reference, as prescribed in a cooperative agreement between the department and the state federal Farm Service Agency office and shall be deposited in the State Treasury to the credit of the Plant Industry Fund. A copy of the Letter of Transmittal form may be obtained from the Division of Plant Industry, Bureau of Plant and Apiary Inspection, Post Office Box 147100, Gainesville, Florida 32614-7100.

(3)(4) Penalty fees and/or per acre late fees may shall be waived by the Ddivision Ddirector only upon recommendation of the Foundation.

Rulemaking Authority 570.07(23), 593.103(2) FS. Law Implemented 593.103(4), (10), 593.105, 593.109, 593.116(2) FS. History–New 12-21-87, Amended 4-2-89, 12-24-90, 6-26-94, 6-20-00,                                          .

 

5B-52.010 Cotton Stalk Destruction.

Growers of cotton Each commercial cotton grower, when requested by the Department shall destroy all cotton stalks by February 1 each year the program is in effect. Verification of cotton stalk destruction shall be reported on a Cotton Destruction Verification Form (FDACS-08164, revised 10/99), and incorporated herein by reference and is available online via link http://www.flrules/gateway/reference-no. A copy of the Cotton Destruction Verification Form may be obtained from the Division of Plant Industry, Bureau of Plant and Apiary Inspection, Post Office Box 147100, Gainesville, Florida 32614-7100. Cotton stalks not destroyed by such date shall be deemed a public nuisance and subject to a penalty fee of $10.00 per acre. The Ddepartment may apply to any court of competent jurisdiction, and the court is authorized, in its discretion, to issue judgment and order condemnation and destruction of the nuisance. The grower is liable for all court costs, fees, and other expenses incurred in such action.

Rulemaking Authority 570.07(23), 593.103(2) FS. Law Implemented 593.103(13), 593.109, 593.116 FS. History–New 12-21-87, Amended 4-2-89, 6-20-00,              .

 

5B-52.011 Movement of Regulated Articles.

(1) International movement. The movement into Florida of boll weevil or any regulated article is prohibited from countries or areas outside the United States unless such countries or areas meet the provisions of this rule.

(1)(2) Interstate movement. The movement of boll weevil or Rregulated articles into Florida from infested areas is prohibited unless such shipments are made in accordance with the provisions of this rule.

(a) Provisions for movement into Florida of Rregulated articles associated with Plant pests of cotton boll weevil.

1. Regulated articles from infested areas may enter Florida provided each shipment is accompanied by a certificate issued by and bearing the signature of an authorized inspector of the state of origin, certifying that Rregulated articles contained in the shipment were inspected by an authorized inspector of the state of origin and were found to be free of Plant pests of cotton boll weevil; or

2. Rregulated articles from infested areas may enter Florida provided each shipment is accompanied by a certificate issued by and bearing the signature of an authorized inspector of the state of origin, certifying that such Rregulated articles were treated as required recommended by the Ddepartment.

(b) Shipments of Rregulated articles arriving in Florida in violation of this chapter shall be refused entry and returned to the shipper or destroyed at the discretion of the Ddepartment. Shipments destroyed or returned out of state shall be at the expense of the shipper. Payment to the department for such expense shall be required before shipping can resume.

(2)(3) Intrastate movement.

(a) Regulated articles originating in a Ssuppressive area shall be authorized to move to an area described as a Rregulated area by the Ddepartment when accompanied by an authenticated Cotton Bboll Wweevil Ccertificate, (FDACS-08162, Rev. revised 05/20 11/99) and incorporated herein by reference. This form is incorporated herein by reference and is available online at https://www.flrules.org/gateway/reference.asp?No=Ref-XXXXX. A copy of the Boll Weevil Certificate may be obtained from the Division of Plant Industry, Bureau of Plant and Apiary Inspection, Post Office Box 147100, Gainesville, Florida 32614-7100.

(b) Record of movement of Rregulated articles. The owners, officers, employees, or Agents of any Commercial cotton grower that is infested with Plant pests of cotton or has been exposed to Plant pests of cotton shall furnish a list of all movements of Regulated Articles when requested by the Department. Said list must show the names and addresses of all consignees and include a complete description of the Regulated articles included in each shipment. The owners, officers and employees of any commercial cotton grower or agent establishment infested, or exposed to infestation, with boll weevil or which has heretofore been so infested, shall, on demand of the department furnish a list of all movements of regulated articles from said commercial cotton grower or agent establishment from any date of such demand. Said list shall show the names and addresses of all consignees, and a complete description of the regulated articles included in each shipment.

(c) No change.

(d) Disposition of Rregulated articles. Any article found to be infested with Plant pests of cotton boll weevil or moving in violation of this rule, shall be subject to treatment, or confiscation, or destruction as required by the Ddepartment. These actions shall be taken under the supervision of an Aauthorized representative.

Rulemaking Authority 570.07(23), 581.031(4), (5), (6), (7), (8),  593.103(2) FS. Law Implemented 593.103(5), (7), 593.107 FS. History–New 12-21-87, Amended 7-5-95, 6-20-00,                                          .

 

5B-52.012 Issuance of Boll Weevil Certificates and Compliance Agreements, Cancellations, and Attachments.

(1) Issuance of Bboll weevil certificates and compliance agreements.  Boll weevil certificates (FDACS-08162, Rev. 05/20) shall be issued for the movement of Regulated articles under one or all of the following conditions: 

(a) Boll weevil certificates. Boll weevil certificates (DACS-08162, revised 11/99) shall be issued for the movement of regulated articles. Conditions requiring a certificate for the movement of regulated articles are as follows:

(a)1. When, in the judgment of an Aauthorized representative, Rregulated articles have not been exposed to infestation by the Boll weevil.

(b)2. When Rregulated articles have been examined by an Aauthorized representative and found to be free of infestation by the Boll weevil.

(c)3. When Rregulated articles have been treated as prescribed by the USDA, Animal and Plant Health Inspection Services, Plant Protection and Qurantine Treatment Manual, Chapter 5, Rev. 12/16 as incorporated in Rule 5B-3.0035, F.A.C. or the department under the supervision of the Departmentan authorized representative.

(b) Compliance agreement. As a condition to receiving a boll weevil certificate (DACS-08162, revised 11/99) for the movement of regulated articles, any person engaged in producing, purchasing, exchanging, processing, utilizing, treating, or moving regulated articles from a regulated area shall be required by the department to sign a compliance agreement (DACS-08031, Revised 5/99) and incorporated herein by reference, stipulating that he will carry out all conditions, treatments, precautions, and sanitary measures deemed necessary by the department to prevent dissemination of boll weevil, including segregation and maintenance of identity of such articles, under supervision of an authorized representative. Any violation of such compliance agreement shall result in its cancellation.  A copy of the compliance agreement form (DACS-08031) may be obtained from the Division of Plant Industry, Bureau of Plant and Apiary Inspection, Post Office Box 147100, Gainesville, Florida 32614-7100.

(2) Cancellation. Cotton Boll Wweevil Ccertificates (FDACS-08162, Rev. 05/20, incorporated into rule 5B-52.011) issued for the movement of Rregulated articles shall be withdrawn or cancelled and further issuance of Bboll weevil certificates for the movement of such articles shall be refused by the Ddepartment when it is determined that further use of such certificates could result in the spread of Bboll weevil.

(3) Attachment. When offered for movement, the container of Rregulated articles or, if there is no container, the article itself shall be required to have an authenticated Cotton Bboll Wweevil Ccertificate (FDACS-08162 Rev. 05/20, incorporated into rule 5B-52.011) securely attached.

Rulemaking Authority 570.07(23), 593.103(2) FS. Law Implemented 581.031(7), (26), 593.103(7) FS. History–New 12-21-87, Amended 7-5-95, 6-20-00,                .                   

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Dr. Greg Hodges, Assistant Director, Division of Plant Industry

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Nicole “Nikki” Fried, Commissioner of Agriculture

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 20, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 23, 2020